By Sadler                                       H.B. No. 2839

      75R8109 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to regional education service centers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 8, Education Code, is amended to read as

 1-5     follows:

 1-6               CHAPTER 8.  REGIONAL EDUCATION SERVICE CENTERS

 1-7                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-8           Sec. 8.001.  ESTABLISHMENT.  (a)  The  commissioner [agency]

 1-9     shall provide for the establishment and operation of a system of

1-10     [not more than 20] regional education service centers.

1-11           (b)  Regional education service centers shall be located

1-12     throughout the state so that each school district has the

1-13     opportunity to be served by and to participate, [in an approved

1-14     center] on a voluntary basis, in a center that meets the

1-15     accountability standards established by the commissioner.

1-16           (c)  The commissioner may decide any matter concerning the

1-17     operation or administration of the system of regional education

1-18     service centers, including:

1-19                 (1)  the number and location of centers;

1-20                 (2)  the regional boundaries of centers; and

1-21                 (3)  the allocation among centers of state and federal

1-22     funds administered by the agency.

1-23           (d)  This chapter does not:

1-24                 (1)  limit a school district's freedom to purchase

 2-1     services from any regional education service center; or

 2-2                 (2)  require a school district to purchase services

 2-3     from a regional education service center.

 2-4           Sec. 8.002.  PURPOSE.  The system of regional [(a)  Regional]

 2-5     education service centers shall:

 2-6                 (1)  [, at the direction of the commissioner, provide

 2-7     services to] assist school districts in improving student

 2-8     performance in  each region of the system;

 2-9                 (2)  enable school districts to operate more

2-10     efficiently and economically; and

2-11                 (3)  implement initiatives assigned by the legislature

2-12     or the commissioner [increasing the efficiency and effectiveness of

2-13     school  operations].

2-14           [(b)  In addition to core services a regional education

2-15     service center is required to offer under Section 8.051, a school

2-16     district or campus may purchase any other available service from

2-17     any center.]

2-18           Sec. 8.003.  GOVERNANCE.  (a)  Each regional education

2-19     service center is governed by a board of directors composed of

2-20     seven members.

2-21           (b)  The commissioner shall adopt [recommend to the State

2-22     Board of Education for adoption uniform] rules to provide for the

2-23     local selection, appointment, and continuity of membership of

2-24     regional education service center boards of directors.

2-25           (c)  A vacancy on a regional education service center board

2-26     of directors shall be filled by appointment by the remaining

2-27     members of the board for the unexpired term.

 3-1           (d)  A member of the board is not entitled to compensation

 3-2     from the regional education service center but is entitled to

 3-3     reimbursement with center funds for necessary expenses incurred in

 3-4     performing duties as a board member.

 3-5           (e)  Each regional education service center board of

 3-6     directors shall develop policies to ensure the sound management and

 3-7     operation of the center consistent with Section 8.002.  [The board

 3-8     of directors  shall be directly involved in the planning and

 3-9     evaluation of programs and activities developed and offered to

3-10     school districts and campuses under Section 8.051 or 8.052.]

3-11           (f)  Each regional education service center board of

3-12     directors shall adopt an annual budget for the following year after

3-13     conducting a public hearing on the center's performance during the

3-14     preceding year on standards established by the commissioner under

3-15     Section 8.101.

3-16           Sec. 8.004.  EXECUTIVE DIRECTOR.  The regional education

3-17     service center board of directors shall employ an executive

3-18     director.  The selection and dismissal of the executive director is

3-19     subject to the approval of the commissioner.  The executive

3-20     director is the chief executive officer of the regional education

3-21     service center and may employ personnel as necessary to carry out

3-22     the functions of the center.

3-23           Sec. 8.005.  EXEMPTION FROM TAXATION.  A regional education

3-24     service center and its employees are subject to or exempt from

3-25     taxation in the same manner as a school district and school

3-26     district employees.

3-27           Sec. 8.006.  IMMUNITY FROM LIABILITY.  An employee or

 4-1     volunteer of a regional education service center is immune from

 4-2     liability to the same  extent as an employee or volunteer of a

 4-3     school district.

 4-4           Sec. 8.007.  PERSONAL LEAVE.  (a)  A regional education

 4-5     service center may accept personal leave accrued by a center

 4-6     employee:

 4-7                 (1)  under state law by an employee who was formerly

 4-8     employed by the state; or

 4-9                 (2)  under Section 22.003 by an employee who was

4-10     formerly employed by a school district.

4-11           (b)  A school district or the state shall accept the personal

4-12     leave accrued by an employee who was formerly employed by a

4-13     regional education service center.

4-14                      SUBCHAPTER B.  POWERS AND DUTIES

4-15           Sec. 8.051.  [CORE] SERVICES TO IMPROVE PERFORMANCE.  (a)

4-16     Each regional  education service center shall use funds distributed

4-17     to the center under Section 8.121 to develop, maintain, and deliver

4-18     services identified under this section to improve student and

4-19     school district performance.

4-20           (b)  Each regional education service center shall annually

4-21     develop and submit to the commissioner for approval a plan for

4-22     improvement.  Each plan must include the purposes and description

4-23     of the services the center will provide to:

4-24                 (1)  campuses identified as low-performing based on the

4-25     indicators adopted under Section 39.051;

4-26                 (2)  the lowest-performing campuses in the region; and

4-27                 (3)  other campuses.

 5-1           (c)  Each regional education service center shall provide

 5-2     services that enable school districts to operate more efficiently

 5-3     and economically [for developing and maintaining core services for

 5-4     purchase by school districts and campuses.  The core services are:]

 5-5                 [(1)  training and assistance in teaching each subject

 5-6     area assessed under Section 39.023;]

 5-7                 [(2)  training and assistance in providing each program

 5-8     that qualifies for a funding allotment under Section 42.151,

 5-9     42.152, 42.153, or 42.156;]

5-10                 [(3)  assistance specifically designed for a school

5-11     district rated academically unacceptable under Section 39.072(a) or

5-12     a campus whose performance is considered unacceptable based on the

5-13     indicators adopted under Section 39.051;]

5-14                 [(4)  training and assistance to teachers,

5-15     administrators, members of district boards of trustees, and members

5-16     of site-based decision-making committees; and]

5-17                 [(5)  assistance in complying with state laws and

5-18     rules].

5-19           Sec. 8.052.  STATE INITIATIVES.  As directed by the

5-20     commissioner, each regional education service center shall, as

5-21     necessary, use funds distributed under Section 8.123 to implement

5-22     initiatives identified by the legislature.

5-23           Sec. 8.053.  ADDITIONAL SERVICES.  In addition to the [core]

5-24     services provided [listed] under Section 8.051 and the initiatives

5-25     implemented under Section 8.052, a regional education service

5-26     center may offer any service requested and purchased by any  school

5-27     district or campus in the state.

 6-1           [Sec. 8.053.  PLANNING AND REPORTING.  Each regional

 6-2     education service center shall:]

 6-3                 [(1)  prepare a quantitative summary, by school

 6-4     district and campus, of services delivered under Sections 8.051 and

 6-5     8.052;]

 6-6                 [(2)  report audited financial and performance

 6-7     information using the uniform system adopted by the commissioner;

 6-8     and]

 6-9                 [(3)  perform any other duty the commissioner

6-10     determines is necessary under Subchapter C.]

6-11           Sec. 8.054.  PROHIBITION ON REGULATORY FUNCTION.  A regional

6-12     education service center may not perform a regulatory function

6-13     regarding a school district.  This section does not prohibit a

6-14     regional education service center from offering training or other

6-15     assistance to a school district in complying with a state or

6-16     federal law, rule, or regulation.

6-17           Sec. 8.055.  REGIONAL EDUCATION SERVICE CENTER PROPERTY.  (a)

6-18     Each regional education service center may purchase or lease

6-19     property or acquire property through lease-purchase and may incur

6-20     debts for that purpose.  The board of directors may, with the

6-21     commissioner's approval, approve a transaction under this

6-22     subsection.

6-23           (b)  Each regional education service center may dispose of

6-24     property in the manner and on the terms that the board of directors

6-25     determines.

6-26                SUBCHAPTER C.  EVALUATION AND ACCOUNTABILITY

6-27           Sec. 8.101.  PERFORMANCE STANDARDS AND INDICATORS.  The

 7-1     commissioner shall establish  performance standards and indicators

 7-2     for regional education service centers that measure the achievement

 7-3     of the objectives in Section 8.002.  Performance standards and

 7-4     indicators must at least measure a center's:

 7-5                 (1)  assistance to school districts in improving

 7-6     student performance;

 7-7                 (2)  promotion of more efficient and economical school

 7-8     district operations, including operations in the areas of

 7-9     curriculum and instruction, data processing, purchasing, staff

7-10     development, technology support, and administrative services; and

7-11                 (3)  implementation of initiatives assigned by the

7-12     legislature and the commissioner.

7-13           Sec. 8.102.  DATA REPORTING.  Each regional education service

7-14     center shall report audited or budgeted financial information and

7-15     any other information requested by the commissioner for use in

7-16     assessing the performance of the center.  The commissioner shall

7-17     develop a uniform system for regional education service centers to

7-18     report audited financial data, to report information on the

7-19     indicators adopted under Section 8.101, and to provide information

7-20     on client satisfaction with services provided under Subchapter B

7-21     [and performance data].

7-22           Sec. 8.103 [8.102].  ANNUAL EVALUATION.  The commissioner

7-23     shall conduct an annual evaluation of each executive director and

7-24     regional education service center.  Each evaluation must include:

7-25                 (1)  an audit of the center's finances [and

7-26     management];

7-27                 (2)  a review of the center's performance on the

 8-1     [academic excellence] indicators adopted under Section 8.101

 8-2     [identified in Section 39.051 of each school district and campus in

 8-3     the center's region]; [and]

 8-4                 (3)  a review of client satisfaction with services

 8-5     provided under Subchapter B; and

 8-6                 (4)  a review of any other factor the commissioner

 8-7     determines to be appropriate.

 8-8           Sec. 8.104 [8.103].  SANCTIONS.  The commissioner shall

 8-9     develop [recommend to the State Board of Education  for approval] a

8-10     system of corrective actions to require of a regional education

8-11     service center that the commissioner determines to be deficient in

8-12     an accountability measure under Section 8.103 [8.102].  The actions

8-13     must include, in increasing order of severity:

8-14                 (1)  conducting an on-site investigation of the center;

8-15                 (2)  requiring the center to send notice of each

8-16     deficiency to each school district and campus in the center's

8-17     region or served by the center the previous year;

8-18                 (3) [(2)]  requiring the center to prepare for the

8-19     commissioner's approval a plan to address each area of deficiency;

8-20                 [(3)  conducting an on-site investigation of the

8-21     center;]

8-22                 (4)  appointing a master to oversee the operations of

8-23     the center;

8-24                 (5)  replacing the executive director or board of

8-25     directors; and

8-26                 (6)  in the case of deficient performance in two

8-27     consecutive years, closing the center.

 9-1                           SUBCHAPTER D.  FUNDING

 9-2           Sec. 8.121.  FUNDING FOR [CORE] SERVICES TO IMPROVE

 9-3     PERFORMANCE.  (a)  Regional  education service centers receive

 9-4     state financial support for services provided under Section 8.051

 9-5     from money appropriated for [to] the Foundation  School Program

 9-6     [for that purpose].  The commissioner shall distribute money to

 9-7     each regional education service center for basic costs of providing

 9-8     those [core] services according to an annual allotment set by the

 9-9     commissioner based on:

9-10                 (1)  the minimum amount of money necessary for the

9-11     operation of a center; [and]

9-12                 (2)  an additional amount of money that reflects the

9-13     size and number of campuses served by the center under Section

9-14     8.051; and

9-15                 (3)  an additional amount of money that reflects [the

9-16     number of students in a center's service area and] the impact of

9-17     the geographic size of a center's service area on the cost of

9-18     providing [core] services under Section 8.051.

9-19           (b)  The allotments authorized by Subsection (a) in any year

9-20     may not be less than 0.4 percent of the amount appropriated for

9-21     purposes of the Foundation School Program for that year.

9-22           (c)  Each regional education service center shall use money

9-23     distributed to it under this section for the provision of [core]

9-24     services required under Section 8.051 or for payment of necessary

9-25     administrative and operational expenses of the center related to

9-26     the provision of those [core] services.

9-27           Sec. 8.122.  INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES.

 10-1    (a)  The legislature may appropriate money from the foundation

 10-2    school fund to establish an incentive fund to encourage efficiency

 10-3    in the provision of services by the system of regional education

 10-4    service centers.

 10-5          (b)  The commissioner may submit to each regular session of

 10-6    the legislature an incentive funding report and plan that:

 10-7                (1)  demonstrates that regional education service

 10-8    centers are providing the services required or permitted by law;

 10-9                (2)  defines efficiencies of scale in measurable terms;

10-10                (3)  proposes the size of and payment schedule for the

10-11    incentive fund; and

10-12                (4)  establishes a method for documenting and computing

10-13    efficiencies.

10-14          (c)  The commissioner shall determine the method by which

10-15    money appropriated under this section is distributed to regional

10-16    education service centers.

10-17          (d)  The board of trustees of a school district may delegate

10-18    purchasing or other administrative functions to a regional

10-19    education service center to the extent necessary to achieve

10-20    efficiencies under this section. [PERFORMANCE CONTRACTS FOR

10-21    ADDITIONAL SERVICES.  (a)  After providing for the payment of basic

10-22    costs of providing core services under Section 8.121, the

10-23    commissioner may distribute the remaining money appropriated to the

10-24    Foundation School Program and money from other sources to regional

10-25    education service centers or school districts for the costs of

10-26    providing additional services.]

10-27          [(b)  The commissioner may designate the amount of money

 11-1    available for distribution under Subsection (a) and the purposes

 11-2    for which the money may be used.  In determining the allocation of

 11-3    money distributed under Subsection (a), the commissioner shall

 11-4    consider:]

 11-5                [(1)  the scope and cost-effectiveness of the services

 11-6    involved;]

 11-7                [(2)  the number of students in a school district or in

 11-8    an area served by a regional education service center, as

 11-9    applicable; and]

11-10                [(3)  the impact of the geographic size of a school

11-11    district or of an area served by a regional education service

11-12    center on the cost of providing services.]

11-13          [(c)  As soon as possible after enactment of the General

11-14    Appropriations Act each biennium, the commissioner shall notify

11-15    each school district and regional education service center of the

11-16    amount of money available for distribution under this section and

11-17    the purposes for which the money may be used.]

11-18          [(d)  If a school district requests direct distribution of

11-19    money under this section to provide an additional service, the

11-20    commissioner and district may enter into a performance contract

11-21    that specifies the purpose for which the money will be used and the

11-22    expected results of the expenditure.  After entering into a

11-23    performance contract with a school district, the commissioner shall

11-24    distribute to the district 90 percent of the funds available for

11-25    the service and distribute the remaining 10 percent to the regional

11-26    education service center for the region in which the district is

11-27    located.  The school district may provide the service specified in

 12-1    the performance contract independently, in cooperation with one or

 12-2    more other school districts, or through a contract with one or more

 12-3    public or private entities, including a regional education service

 12-4    center for a region other than the region in which the district is

 12-5    located.]

 12-6          [(e)  If a district elects to receive an additional service

 12-7    from the regional education service center for the region in which

 12-8    the  district is located, the district shall execute a performance

 12-9    contract with the center, subject to approval by the commissioner,

12-10    that specifies the purpose for which the money will be used and the

12-11    expected results of the expenditure.  The commissioner shall

12-12    distribute the entire amount of money available for the service to

12-13    the regional education service center in accordance with the

12-14    performance contract.]

12-15          Sec. 8.123.  FUNDING FOR STATE INITIATIVES [GRANTS].

12-16    (a)  The legislature may appropriate money from the foundation

12-17    school fund or other sources to implement initiatives identified by

12-18    the legislature.

12-19          (b)  The commissioner may adopt rules governing:

12-20                (1)  the strategies, programs, projects, and regions

12-21    eligible for funding under this section; and

12-22                (2)  the amount of funds that may be distributed to a

12-23    regional education service center for a specific initiative.

12-24          Sec. 8.124.  INNOVATIVE AND EMERGENCY GRANTS.  (a)  The

12-25    legislature may appropriate money from the foundation school fund

12-26    or other sources for grants to regional education service centers.

12-27    Money appropriated under this section shall be distributed to

 13-1    regional education service centers as:

 13-2                (1)  competitive grants for developing and implementing

 13-3    innovative regional strategies or programs; or

 13-4                (2)  emergency grants for providing adequate [core]

 13-5    services under Section 8.051 to small and isolated school districts

 13-6    or, in extreme circumstances, other school districts.

 13-7          (b)  The commissioner may adopt rules governing:

 13-8                (1)  the strategies, programs, and regions eligible for

 13-9    funding under this section; and

13-10                (2)  the amount of money that may be distributed to a

13-11    regional education service center for a specific purpose.

13-12          Sec. 8.125 [8.124].  CONTRACTS FOR GRANTS.  Each regional

13-13    education service center board of directors, under rules  adopted

13-14    by the commissioner [State Board of Education], may enter into a

13-15    contract for a grant from a public or private organization and may

13-16    spend grant funds in accordance with the terms of the contract.

13-17          SECTION 2.  Section 7.102, Education Code, is amended to read

13-18    as follows:

13-19          Sec. 7.102.  STATE BOARD OF EDUCATION POWERS AND DUTIES.

13-20    (a)  The board may perform only those duties relating to school

13-21    districts or regional education service centers assigned to the

13-22    board by the constitution of this state or by this subchapter or

13-23    another provision of this code.

13-24          (b)  The board has the [following] powers and duties provided

13-25    by Subsection (c), which shall be carried out with the advice and

13-26    assistance of the commissioner.[:]

13-27          (c)(1)  The board shall develop and update a long-range plan

 14-1    for public education.

 14-2                (2)  The board may enter into contracts relating to or

 14-3    accept grants for the improvement of educational programs

 14-4    specifically authorized by statute.

 14-5                (3)  The board may accept a gift, donation, or other

 14-6    contribution on behalf of the public school system or agency and,

 14-7    unless otherwise specified by the donor, may use the contribution

 14-8    in the manner the board determines.

 14-9                (4)  The board shall establish curriculum and

14-10    graduation requirements.

14-11                (5)  The board shall establish a standard of

14-12    performance considered satisfactory on student assessment

14-13    instruments.

14-14                (6)  [The board shall adopt rules to provide for

14-15    regional education service center boards of directors as provided

14-16    by Section 8.003 and rules under which a regional education service

14-17    center may receive and spend grants under Section 8.124.]

14-18                [(7)]  The board may create special-purpose school

14-19    districts under Chapter 11.

14-20                (7) [(8)]  The board shall provide for a training

14-21    course for school district trustees under Section 11.159.

14-22                (8) [(9)]  The board shall adopt a procedure to be used

14-23    for placing on probation or revoking a home-rule school  district

14-24    charter as required by Subchapter B, Chapter 12, and may place on

14-25    probation or revoke a home-rule school district charter as provided

14-26    by that subchapter.

14-27                (9) [(10)]  The board may grant an open-enrollment

 15-1    charter or approve a charter revision as provided by Subchapter D,

 15-2    Chapter 12.

 15-3                (10) [(11)]  The board shall adopt rules establishing

 15-4    criteria for certifying hearing examiners as provided by Section

 15-5    21.252.

 15-6                (11) [(12)]  The board shall adopt rules to carry out

 15-7    the curriculum required or authorized under Section 28.002.

 15-8                (12) [(13)]  The board shall establish guidelines for

 15-9    credit by examination under Section 28.023.

15-10                (13) [(14)]  The board shall adopt transcript forms and

15-11    standards for differentiating high school programs for purposes of

15-12    reporting academic achievement under Section 28.025.

15-13                (14) [(15)]  The board shall adopt guidelines for

15-14    determining financial need for purposes of the Texas Advanced

15-15    Placement Incentive Program under Subchapter C, Chapter 28, and may

15-16    approve payments as provided by that subchapter.

15-17                (15) [(16)]  The board shall adopt criteria for

15-18    identifying gifted and talented students and shall develop and

15-19    update a state plan for the education of gifted and talented

15-20    students as required under Subchapter D, Chapter 29.

15-21                (16) [(17)]  The board shall adopt rules for approving

15-22    adult education programs as required under Section 29.253 and may

15-23    establish an adult education advisory committee under Section

15-24    29.254.

15-25                (17) [(18)]  The board shall adopt rules relating to

15-26    community education development projects as required under Section

15-27    29.257.

 16-1                (18) [(19)]  The board may approve the plan to be

 16-2    developed and implemented by the commissioner for the coordination

 16-3    of services to children with disabilities as required under Section

 16-4    30.001.

 16-5                (19) [(20)]  The board shall establish a date by which

 16-6    each school district and state institution shall provide to the

 16-7    commissioner the necessary information to determine the district's

 16-8    share of the cost of the education of a student enrolled in the

 16-9    Texas School for the Blind and Visually Impaired or the Texas

16-10    School for the Deaf as required under Section 30.003 and may adopt

16-11    other rules concerning funding of the education of students

16-12    enrolled in the Texas School for the Blind and Visually Impaired or

16-13    the Texas School for the Deaf as authorized under Section 30.003.

16-14                (20) [(21)]  The board shall adopt rules prescribing

16-15    the form and content of information school districts are required

16-16    to provide concerning programs offered by state institutions as

16-17    required under Section 30.004.

16-18                (21) [(22)]  The board shall adopt rules concerning

16-19    admission of students to the Texas School for the Deaf as required

16-20    under Section 30.057.

16-21                (22) [(23)]  The board shall carry out powers and

16-22    duties related to regional day school programs for the deaf as

16-23    provided under Subchapter D, Chapter 30.

16-24                (23) [(24)]  The board shall adopt and purchase or

16-25    license textbooks as provided by Chapter 31 and adopt rules

16-26    required by that chapter.

16-27                (24) [(25)]  The board shall develop and update a

 17-1    long-range plan concerning technology in the public school system

 17-2    as required under Section 32.001 and shall adopt rules and policies

 17-3    concerning technology in public schools as provided by Chapter 32.

 17-4                (25) [(26)]  The board shall conduct feasibility

 17-5    studies related to the telecommunications capabilities of school

 17-6    districts and regional education service centers as provided by

 17-7    Section 32.033.

 17-8                (26) [(27)]  The board shall appoint a board of

 17-9    directors of the center for educational technology under Section

17-10    32.034.

17-11                (27) [(28)]  The board shall adopt rules relating to

17-12    extracurricular activities under Section 33.081 and approve,

17-13    disapprove, or modify University Interscholastic League rules and

17-14    procedures under Section 33.083.

17-15                (28) [(29)]  The board shall approve a program for

17-16    testing students for dyslexia and related disorders as provided by

17-17    Section 38.003.

17-18                (29) [(30)]  The board shall perform duties in

17-19    connection with the public school accountability system as

17-20    prescribed by Chapter 39.

17-21                (30) [(31)]  The board shall perform duties in

17-22    connection with the Foundation School Program as prescribed by

17-23    Chapter 42.

17-24                (31) [(32)]  The board may invest the permanent school

17-25    fund within the limits of the authority granted by Section 5,

17-26    Article VII, Texas Constitution, and Chapter 43.

17-27                (32) [(33)]  The board shall adopt rules concerning

 18-1    school district budgets and audits of school district fiscal

 18-2    accounts as required under Subchapter A, Chapter 44.

 18-3                (33) [(34)]  The board shall adopt an annual report on

 18-4    the status of the guaranteed bond program and may adopt rules as

 18-5    necessary for the administration of the program as provided under

 18-6    Subchapter C, Chapter 45.

 18-7                (34) [(35)]  The board shall prescribe uniform bid

 18-8    blanks for school districts to use in selecting a depository bank

 18-9    as required under Section 45.206.

18-10          (d) [(c)]  The board may adopt rules relating to school

18-11    districts or regional education service centers only as required to

18-12    carry out the specific duties assigned to the board by the

18-13    constitution or under Subsection (c) [(b)].

18-14          (e) [(d)]  An action of the board to adopt a rule under this

18-15    section is effective only if the board includes in the rule's

18-16    preamble a statement of the specific authority under Subsection (c)

18-17    [(b)] to adopt the rule.

18-18          (f) [(e)]  Except as otherwise provided by this subsection, a

18-19    rule adopted by the board under this section does not take effect

18-20    until the beginning of the school year that begins at least 90 days

18-21    after the date on which the rule was adopted.  The rule takes

18-22    effect earlier if the rule's preamble specifies an earlier

18-23    effective date and the reason for that earlier date and:

18-24                (1)  the earlier effective date is a requirement of:

18-25                      (A)  a federal law; or

18-26                      (B)  a state law that specifically refers to this

18-27    section and expressly requires the adoption of an earlier effective

 19-1    date; or

 19-2                (2)  on the affirmative vote of two-thirds of the

 19-3    members of the board, the board makes a finding that an earlier

 19-4    effective date is necessary.

 19-5          SECTION 3.  Section 39.183, Education Code, is amended to

 19-6    read as follows:

 19-7          Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT.  The agency

 19-8    shall prepare and deliver to the governor, the lieutenant governor,

 19-9    the speaker of the house of representatives, each member of the

19-10    legislature, the Legislative Budget Board, and the clerks of the

19-11    standing committees of the senate and house of representatives with

19-12    primary jurisdiction over the public school system a regional and

19-13    district level report covering the preceding two school years and

19-14    containing:

19-15                (1)  a summary of school district compliance with the

19-16    student/teacher ratios and class-size limitations prescribed by

19-17    Sections 25.111 and 25.112, including the number of districts

19-18    granted an exception from Section 25.112;

19-19                (2)  a summary of the exemptions and waivers granted to

19-20    school districts under Section 7.056 or 39.112 and a review of the

19-21    effectiveness of each campus or district following deregulation;

19-22    and

19-23                (3)  an evaluation of the performance of the system of

19-24    [a summary of the services offered by] regional education service

19-25    centers based on the indicators adopted under Section 8.101 and

19-26    client satisfaction with services provided under Subchapter B,

19-27    Chapter 8 [with an evaluation of the effectiveness of those

 20-1    services].

 20-2          SECTION 4.  Section 59, Chapter 260, Acts of the 74th

 20-3    Legislature, Regular Session, 1995, is repealed.

 20-4          SECTION 5.  (a)  Except as provided by Subsection (b) of this

 20-5    section, this Act takes effect immediately.

 20-6          (b)  Section 8.121, Education Code, as amended by this Act,

 20-7    takes effect September 1, 1997.

 20-8          SECTION 6.  The importance of this legislation and the

 20-9    crowded condition of the calendars in both houses create an

20-10    emergency and an imperative public necessity that the

20-11    constitutional rule requiring bills to be read on three several

20-12    days in each house be suspended, and this rule is hereby suspended,

20-13    and that this Act take effect and be in force according to its

20-14    terms, and it is so enacted.